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supabcdefgh   02 May 2012 at 23:24

498a and divorce?

Assume a case:
Man is ADHD but successful.
She continuously nags and insults him, locks him out of home, throws him out of In-Laws.
This caused physical violence of various degree in him, which was beyond his control.
Despite all these, he is being punished with 498a 3 years imprisonment and fine and loss of Goverment Job.

The main question: (please don't digress)
Before going to jail his plea:
"My violence was beyond my control. After 3 years too, nothing is going to change. After 3 years in jail, please grant me divorce immediately"

Will this be granted? Is there any similar past case with 498a convict where wife does not wish to give divorce?

S P Goel   02 May 2012 at 20:57

Sir, advocate required for cyber law case pls

Respected sir, I live in East Delhi, my court will be KKD, my son used my ID from my IP or other IP and generated 3 faked e mails from my side to him/ his mama and used against me by in DV case filed by my wife. I sent e mail to Yahoo, filed NCR( No further action taken ), sent legal notice to 3 person, acknowlegment of courier is available.This has become the main part against me in DV case. Professional advocates of Lawyersclubindia advised me to lodge a case under cyber law or information technology act, this will also help me in DV case which is under process. Sir, I humbly request you if you are ready to help me in filing the case and till end. I shall be oblige to you. S P Goel, Delhi Phone 9810101999 , E mail spgoel118@yahoo.com , pls sir

amol   02 May 2012 at 20:43

Guardianship

whether an application (Misc Application in the civil court) for seeking custody of a child can be filed by a third person i.e. by an aunt (mavshi) under the Guardians and wards act under the circumstances when a legitimate father and mother of a child both are expired and grandfather and grandmother are alive. she is in custody of a aunt after her mother's death , father died before mother, real uncle of a minor child is issueless couple so whether grandma / fa and uncle fight for guarian ship and custody or what stand shold they take as aunt has already filed a appli against them pls explain according to recent position of law Adv Amol Joshi

Dhruv   02 May 2012 at 16:51

Family arrangement under a will

Dear All,
'F' is a father. He has a daughter 'D' from his first wife 'W1'. He remarried to second wife 'W2'. He has two sons from his second marriage 'S1' and S2'. S2 predeceased F. F left a Will which is not yet probated. In the Will he states that he owns one house property 'H1' solely and the other house property 'H2' jointly with his wife. The will states that his share in both the house property should be equally distributed between 'D' and 'S1'.
After his death his second wife'W2' claims that she is the sole owner of 'H2', as the share certificate only states her name as the owner. Her name was only for convinience purpose as is claimed by the daughter 'D' from first wife.
Now all the parties have mutually agreed that 'D' will forego her share in 'H2' in lieu of increased share in 'H1', while the 'S1' will reduce his share in 'H1 and forego his share in 'H2' and that 'W2' will be the sole owner of 'H2'.
Can a family arrangement be drawn on the above basis as the shares in 'H1' were never in dispute. Now the shares in H1 are being changed. Will it be a valid family arrangement? Or is the Will to be followed in case of H1 and family arrangement be drawn only for H2?

gourav arora   02 May 2012 at 09:10

Living relationship

DEAR SIR,

MY NAME IS GOURAV. I AM A LAW STUDENT. I LOVE A GIRL WHO IS FIGHTING A CASE OF HER DIVORCE. 4-5 MONTH LEFT FINALIZATION OF DIVORCE. NOW SHE IS LIVING WITH HER PARENTS. SHE LOVE ME VERY MUCH. SHE WANT TO LIVE WITH ME. CAN I LIVE WITH HER WITHOUT ANY RELATIONSHIP. WHEN HER DIVORCE WILL BE FINAL WE WILL GET MARRIED. HER FATHER WAS EXPIRED. HER MOTHER IS NOT SUPPORTING HER. SO I WANT TO LIVE WITH HER. SHE AND HER MOTHER CAN FILE ANY CASE AGAINST ME IF I STEAL HER FROM HER PARENTS.

Vikrant Goel   02 May 2012 at 07:20

498-a & 354 law

R/Sir,
I wish to ask that can a person file for punishment of his wife, inlaws and judiciary officials for misusing law & there position in judiciary under bad intension after quashing of FIR under IPC 498-A & 354 & divorce with mutual consent, if he has enough proof to prove that such case were filed in colusion with judiciary officials to harrass & destroy its social reputation and childten future and claim heavy compensation and not to save its marriage. so that it can be a lesson for future in the interest of public.

Pardeep   01 May 2012 at 22:35

Re: inheritence

Dear Sir or Madam,

I'm writing on behalf of my mother on 2 issues:

1. The eldest of her brothers in Canada forged her signature to get rights to property in Punjab inherited from their deceased father. My grandfather had bequeathed it to the sons, but it required a release from the daughters in order for them to be able to sell it. She was not agreeable to releasing it as they had never helped her over the years.

2. My mother and father are divorced due to his unwillingness to hold a job. He never paid any alimony. Recently his father died, and left my father some property in Punjab India (a number of fields). My mother has not remarried, my father has 2 more children. Would my mother or her children have any rights to the unearned property my father just inherited in Punjab India?

I appreciate any guidance or referral to any party that could be helpful in this matter.

Kind regards,
Pardeep.

Toni S. Sachdevani   01 May 2012 at 22:23

Maintenance order under section 18 of the hindu adoptions and maintenance act 1956

Dear Sirs,
Maintenance Order under section 18 of the Hindu Adoptions and Maintenance Act 1956, has been passed by the court directing the husband to pay wife Rs.XXXX/-

The said Act does not anything about Appeal, so under what provisions the Appeal or any other proceeding be preferred and within how many days.

Any case law???

Thanks & Regards,

Shruti   01 May 2012 at 21:56

Going outside the country after 498a

Hello all,

My wife has filed 498a on me and my family.

I had obtained an anticipatory bail which the IO(Investigating Officer) refused to execute demanding submission of passports of all the family members. We didn't relent. We obtained regular bail to avoid all these issues.

Prior to this my wife had paid money to the IO to send a letter to my office to inform the IO before sending me outside the country. Now my office is refusing to send me to the US citing this as the reason.

Should I get a court order to show in my office to override the letter which the IO has sent.

My career is getting affected severely due to these issues. What can I do to set right my career, so that all the letters sent by the IO doesn't have any effect.

Can experts please suggest.

Regards,
Kiran

Hetal   01 May 2012 at 21:02

Complicate

My brother and his wife is living seperated since past 6 months and they have daughter together. Here is my dilema, my brother living at place which I bought 10 year ago in mumbai, it's on my name and i bought it with my hard earn money, before my sister in law left the house she didnt't took her stuff with her. Now, I'm planning to sale the house , i requested her to pick up her stuff with no reply from her side. Last week saturday she filed FIR regarding her stuff in police station. My brother had to go to police station and police people explain both (my brother and sister in law) their marriage is love marriage , and live peaceful. My questions how do i return my sister in law stuff to her and proceed with my flat sale

Thank you Ajay and Devan. I dont want to involve myself in their matter. Can I ask my brother to deposit the stuff at police station ?? if yes, what he need to tell them ?? if no can you please guide